MCDA Guidelines and Country-specific

Civil-Military GuidelinesViviana De Annuntiis

OCHA Regional Office for Asia and the Pacific http://www.unocha.org

Tempest Express -25June 2014

OCHA

Learning Outcomes

At the end of the session

participants will….

COMPARE THE MCDA GUIDELINES WITH THE

COUNTRY-SPECIFICGUIDANCE IN DRC

AND CAR

HIGHLIGHT THE KEY MESSAGES

OF THE IASC NON BINDING GUIDELINES

FOR THE USE OF ARMED ESCORTS

DEFINE THE PURPOSE OF THE

GLOBAL UN-CMCOORD GUIDELINES IN COMPLEX

EMERGENCIES

EXPLAIN THE APPLICABILITY OF THE MCDA GUIDELINES

OCHA

Overview

MCDA Guidelines

IASC Non-Binding Guidelineson the Use of Armed Escorts for Humanitarian Convoys (2013)

Civil-Military Guidelines & Reference for Complex Emergencies

Guidelines on the use of Foreign Military and Civil Defence Assets in Disaster Relief (Oslo Guidelines)

Country –Specific Guidelines(Process and Challenges)

Guidelines for interaction between MONUC military and humanitarian organizations (2006)

Position of the HCT on the Interaction of the Humanitarian Community and the Armed Forces present in CAR

GLOBAL CIVIL-MILITARY COORDINATION

GUIDELINESCOMPLEX EMERGENCIY

DIFFERENCES IN GLOBAL

CIVIL-MILITARY COORDINATION

GUIDELINES

COUNTRY SPECIFIC

CIVIL-MILITARY COORDINATION

GUIDELINES

Civil-Military Guidelines & Reference for Complex Emergencies

Part I – Global Civil-Military Coordination Guidelines

Complex Emergencies

Civil-Military Guidelines & Reference for Complex Emergencies

MCDA Guidelines: The Use of Military and Civil Defence Assets to Support United Nations Humanitarian Activities in Complex Emergencies (Rev. 1, January 2006)

IASC Reference Paper on Civil-Military Relationship in Complex Emergencies (June 2004)

Complex Emergencies

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Scope: Use Of Military And Civil Defence Assets In Complex Emergencies

COMPLEX EMERGENCY

“A humanitarian crisis in a country, region, or society

where there is a total or considerable breakdown

of authority resulting from internal or external conflict and which

requires an international response that goes

beyond the mandate or capacity of any single agency and/or the on-

going UN country programme” (IASC)

MCDA Guidelines- Historical Background

Late 90s: Humanitarian emergencies (Kosovo, East Timor, Sierra Leone, and Ethiopia/Eritrea); need for the development of new guidelines focusing on the complex emergency environment

March 2003: First version released

26 June 2003: Launched in Brussels

January 2006: Updated version (Revision 1)

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The MCDA Guidelines - outlinePart 1: Principles and Concepts

• Core Principles• Key concepts for Use of MCDA resources• Avoiding Reliance on Military Resources• When to use Military and Civil Defence

Resources to Support Humanitarian Activities;• Operational Standards for the Use of UN-

MCDA• Operational Standards for the Use of Other

Deployed Forces• UN-CMCoord in Complex Emergencies

Part 2: Tasks and Responsibilities• Affected State and Transit States• HC/RC• UN Humanitarian Agencies• OCHA• Assisting State and Foreign Military or Civil

Defence Commanders.9

UN-CMCoord Cell, Mali, 2013 – Credit: Sophie Solomon

Central African Republic, 2013 – Credit: Sergio Da Silva

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Key principles:

• Humanitarian assistance must be provided in accordance with the principles of humanity, neutrality and impartiality.

• The United Nations seeks to provide humanitarian assistance with full respect for the sovereignty of States.

• As a matter of principle, the military and civil defence assets of belligerent forces or of units that find themselves actively engaged in combat shall not be used to support humanitarian activities.

Credit: WFP/Simon Crittle

Last Resort Humanitarian operation retains its

civilian nature and character Use of MCDA should focus on

indirect assistance and infrastructure support missions

Use of MCDA limited in time and scale Avoid becoming dependent on

military resources

KEY PRINCIPLES

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Decision-makers must weigh the risk to relief workers and their ability to

operate effectively at the moment, and in the future, against the immediacy of the needs of the affected population

and the need for the use of military and civil defence assets.

Summary Key questions to help guide the decision to use MCDA:

Are they the option of last resort, indispensable and appropriate?

Are the countries offering MCDA also parties to the conflict?

Based on the need, is a military or civil defence unit capable of the task?

How long will they be needed?

Can they be deployed without weapons or additional security forces?

How will this association impact the security of UN personnel and other humanitarian workers?

How will this impact the perceptions of UN neutrality and/or impartiality?

What control and coordination arrangements are necessary?

How and when will transition back to civilian responsibility be achieved?

What are the consequences for the beneficiaries, other humanitarian actors, and humanitarian operations in the mid to long term?

Scope of Use:

Complex Emergencies

2010 Haiti, Cholera outbreak – Credit: UNICEF, M. Dormino

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Civil-Military Guidelines & Reference for Complex Emergencies

vs Guidelines on the use of Foreign Military

and Civil Defence Assets (MCDA) in Disaster Relief

Part II – Global Civil-Military Coordination Guidelines

Key UN-CMCoord GuidelinesGuidelines on the use of Foreign Military and Civil Defence Assets

(MCDA) in Disaster Relief (The Oslo Guidelines)

Guidelines on the Use of MCDA to support United Nations Humanitarian Activities in Complex Emergencies

(MCDA Guidelines)

Key principles (common to both sets of guidelines): - Humanitarian principles / Humanitarian imperative

Scope of use: - Natural, technological and environmental

disaster (peacetime)

Key concepts: - Last resort (complementarity)- At no cost- Consent of the Affected State - Avoid dependence on MCDA- Perception- Critical areas for coordination

Scope of use: - Complex emergencies

Key concepts: - Last resort - At no cost - Consent of the Affected State- Avoid dependence on MCDA- Perception - Time-limited- Smooth transition - Parties to conflict: no involvement- Hierarchy of tasks- Minimum amount of liaison required- Requirement for the sharing of information

Hierarchy of Humanitarian Tasks Performed

Direct Assistance:Face-to face distribution of goods and services - handing out relief goods, providing first aid, transporting people, interviewing refugees, locating families etc.

Indirect Assistance:At least one step removed from the population - transporting relief goods, building camps and shelters, providing water sources, clearing mines and ordinance, etc.

Infrastructure Support:General services that facilitate relief, but are not necessarily visible to, or solely for, the benefit of the affected population - repairing infrastructure, operating airfields, providing weather info, ensuring access to communications networks, etc. 16

Appropriate Relief Tasks of Military Actors- based on missions

Direct

Indirect

Infrastructure Support

Peaceful

Maybe

Yes

Yes

Peacekeeping

Maybe

Maybe

Yes

No

Maybe

Maybe

Combat

No

No

Maybe

Peace & Security Activities

PeaceEnforcementHumanitarian Tasks

Mission of Military

Availability and impartiality of forces decreases

Visibility of task decreases 17

UN-CMCOORD SPECTRUM OF STRATEGIES

CoordinationCooperationPlanningTask DivisionInformation Sharing

Co-existenceInformation Sharing

Task DivisionPlanning

Questions?

Updated Guidelines on the Use of Armed Escorts for Humanitarian Convoys IASC Non-Binding Guidelines (2013)

Humanitarian Convoys will not use armed

escorts

GENERAL RULE

Undermine position of neutrality, impartiality and independence

Armed escort may become a targetArmed escort capacity to respond Pressure others to use armed escortsCreate dependenceCooperation with one armed actor could reduce

Humanitarian space

CONSEQUENCES OF USING ARMED ESCORTS

Cultivate greater acceptance Humanitarian negotiations

(incl. access arrangements) Remote management/programming Low profile approach Area security Innovative program design and

monitoring Suspend or cease operationsn

ALTERNATIVES TO THE USE OF ARMED ESCORTS

CRITERIA FOR THE EXCEPTIONAL USE OF ARMED ESCORTS

As a last resort, in exceptional circumstances and when key criteria are fulfilled, the United

Nations Designated Official for Security will decide on the use of armed escorts for

humanitarian convoys

1. Humanitarian Need & Programme Criticality

2. Responsible Authorities

3. Safety & Security

4. Sustainability

Guiding Principles

1. Primacy of humanitarian criteria

2. Humanitarian Identity

3. Primacy of humanitarian organisation in humanitarian work

Country Specific Civil-Military Coordination Guidelines: Process and Challenges

Part III

Why UN-CMCoord HCT Position Papers & Country-Specific Guidance?

• Lack of common position and country-specific guidance prior to an emergency may delayed decisions on use of MCDA.

• Existing country-specific guidance contributes to successful civil-military interface and decision-making by HCT.

Do’s – Best Practices

Plan sufficient time to consult with all key stakeholders, both through a task force and in bilateral meetings with actors that may not (want or be able to) be part of the task force.

Ensure engagement and buy-in from the DSRSG/RC/HC and HCT from the start of the process and enlist HCT members or their representatives in the guidelines’ drafting task force.

Endorsement of the guidelines following an engaging and participatory process will facilitate acceptance of and adherence to the non-binding guidelines.

Ensure that there will be dedicated commitment and sustained involvement of the task force members throughout the process.

Challenges Definition of the operating environment.

Definition of Last Resort.

Use of Armed and Military Escorts.

Developing guidelines with humanitarians, mission personnel, military and police forces common ground vis-à-vis differences.

DSRSG/RC/HC in Integrated Missions.

Blurring of lines.

Guidelines for interaction between MONUC military and humanitarian

organizations (2006)

Aim: Improving the interaction between the MONUC peacekeeping

force (MONUC military) and the humanitarian organizations.

Developed by the MONUC CIMIC Unit, OCHA and MONUC HAS, with the

contribution of the UN Country team in the DRC, other civil components of

MONUC, in-country humanitarian donors and INGOs

Aim of the Guidelines

Part AGENERAL PRINCIPLES AND DEFINITIONS

Part BOPERATIONAL GUIDELINES

Guidelines - outlinePart A: General Principles and Definitions 1. MONUC military and humanitarian

actor’s mandates2. Principle of cooperation 3. Principle of distinction4. Definition of key terms5. Principles of humanitarian action6. Principles of CIMIC operations7. Roles of OCHA, MONUC HAS and

MONUC CIMIC Part B: Tasks and Responsibilities8. Liaison arrangements, lines of

communication 9. Coordination10. Type of information to be exchanged 11. Security of humanitarian personnel

6. Use by humanitarians of military assets7. Use by humanitarians and MONUC

military of MONUC civilian asset8. Humanitarian operations carried out by

MONUC military 9. Training 10. DDR process and reintegration programs

for former combatants11. Implementation of the Guidelines

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PRINCIPLE OF COOPERATION Cooperation between MONUC military and

humanitarian actors is made necessary by the close inter-relation of the respective actors’ role in

protection and assistance activities

in protecting and assisting the civilian population, military and humanitarian actors

represent different facets of the overall endeavor

PRINCIPLE OF DISTINCTIONThere should always be a clear distinction

between peacekeeping military and humanitarian actors.

The principle of cooperation between MONUC military and humanitarian actors must therefore be limited by

the principle of distinction.

OPERATIONAL GUIDELINES Liaison arrangements

Range of Interfaces for Humanitarian-Military Liaison

Range/Continuum of Strategies of Approaches Cooperation Co-existence

The UN-CMCoord function facilitates the establishment and maintenance of all possible interfaces

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Hum

Mil

LiaisonExchange

(secondment)

Liaison visits

Limited Liaison

Hum

Mil

Liaison Officer

Liaison Officer

Hum

Mil

Hum

Mil

Hum

Liaison Officer

Liaison Officer

Mil

Liaison Officer

Hum

Liaison Officer

Co-location Conduit or interlocutor

Information Sharing

3

Humanitarian locations: coordinates of humanitarian facilities, especially if they are included in a possible military operating theatre.

Humanitarian activities: plans of action, routes and timing of humanitarian convoys and airlifts, in order to coordinate planned operations and avoid accidental strikes on humanitarian convoys

Mine-action activities Security information Population movements Post-strike information Customs and airport clearances

Information Sharing

1

• MONUC military might not share some confidential information relating to certain military operations.

Humanitarian agencies and organizations might not share:• Information of a nature to compromise

their independence, neutrality, impartiality or their security in the field;

• Information relating to some victims or individuals assisted or protected, when they deem that transmitting such information might be detrimental to the security of these victims.

SECURITY OF HUMANITARIAN PERSONNEL

The use of military/armed protection for humanitarian premises or personnel is an extreme precautionary measure that should be

taken only in exceptional circumstances, on a case-by-case basis and on request of the agency/organization.

This should be a last resort option when other staff security mechanisms are unavailable, inadequate or inappropriate.

USE BY HUMANITARIANS OF MILITARY ASSETS

Military assets must be used in accordance with the guidelines on “The Use of Military

and Civil Defense Assets to Support UN Humanitarian Activities in Complex

Emergencies” issued in March 2003 (MCDA Guidelines)

Hierarchy of Humanitarian Tasks Performed

Direct Assistance:Face-to face distribution of goods and services - handing out relief goods, providing first aid, transporting people, interviewing refugees, locating families etc.

Indirect Assistance:At least one step removed from the population - transporting relief goods, building camps and shelters, providing water sources, clearing mines and ordinance, etc.

Infrastructure Support:General services that facilitate relief, but are not necessarily visible to, or solely for, the benefit of the affected population - repairing infrastructure, operating airfields, providing weather info, ensuring access to communications networks, etc.

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HUMANITARIAN OPERATIONS BY MONUC MILITARY

WHAM

They should in principle not be activities of direct relief or assistance, but rather be activities of indirect relief such as rehabilitation of infrastructure;

They should not be undertaken in situations where there are ongoing hostilities with one or more factions;

When planning and implementing WHAMS, it is recommended that these activities be coordinated by the MONUC military with the humanitarian organizations present in the area.

HUMANITARIAN OPERATIONS BY MONUC MILITARY - Direct Assistance

Only in exceptional circumstances and as a last resort measure; No comparable civilian alternative to the military activities (MONUC

military are the only actors on the ground or the humanitarians lack the capacity and/or resources to respond to critical and life threatening needs of the civilian population);

Operations necessary to meet urgent and critical needs of the civilian population;

The planning and implementation of these operations should take place in close coordination with OCHA and HAS.

Position of the Humanitarian Country Team (HCT) on the Interaction of the Humanitarian Community

and the Armed Forces present in the Central African Republic

HCT Position Paper Strategy of cooperation in the areas of security and protection of

civilians (common objectives but different approaches and means). Military involvement in humanitarian forums/ clusters is not

desirable to maintain a clear distinction between humanitarian actors and military activities.

Civil-Military Coordination framework in place to facilitate dialogue and interaction necessary to promote humanitarian principles and discuss key issues related to access and protection of civilians.

HCT Position Paper

Distinction between military and humanitarian actors and activities is essential and necessary.

Humanitarian teams cannot carry equipment/ military personnel and this cannot be imposed by the armed forces.

Humanitarian workers must never present themselves or present their work as part of a military operation; military should refrain from presenting themselves as aid workers or claim to provide humanitarian assistance.

HCT Position Paper The use of armed or military escorts for humanitarian actors is to be discussed on

a case by case basis for each area; Alternative strategies in place to ensure the safety and security of humanitarian

convoys must be preferred; The use of armed escorts by one humanitarian actor could affect the perception of

neutrality of all humanitarian actors and compromise the independence of humanitarian operations while endangering aid workers and affected populations.

Evacuation of civilians under direct threat might require armed escorts; this should be coordinated within the HCT and approved by the Humanitarian Coordinator.

The decision to request/accept the use of military or armed escorts cannot be imposed by the military and/or political authorities.

The use of armed escorts cannot be taken unilaterally; it must be the result of a transparent decision-making and collaborative process within the HCT.

Humanitarian agencies conduct independent humanitarian assessments to determine the nature and extent of needs and must be able to access all vulnerable populations in all regions affected by the emergency.

MISCA and Sangaris are mandated to contribute to the PoC and the creation of an enabling environment for the delivery of humanitarian assistance to people in need (SCR 2177).

HCT Position Paper

OCHA

Learning Outcomes

At the end of the session

participants will….

COMPARE THE MCDA GUIDELINES WITH COUNTRY-SPECIFICGUIDANCE IN DRC

AND CAR

HIGHLIGHT THE KEY MESSAGES

OF THE IASC NON BINDING GUIDELINES FOR THE USE OF

ARMED ESCORTS

DEFINE THE PURPOSE OF THE GLOBAL UN-CMCOORD GUIDELINES IN COMPLEX

EMERGENCIES

EXPLAIN THE APPLICABILITY OF THE MCDA GUIDELINES